ADITYA LAROIA Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) The complainant booked a residential flat in a project namely "Parsvnath Privilege" , which the opposite was to develop in Greater Noida and a Flat Buyer Agreement was executed between the parties on 17.07.2007. The booking was made on 01.05.2006 against payment of Rs.10 Lakhs. As per the terms and conditions agreed between the parties, the possession was to be delivered within 36 months from the date commencement of construction of the particular block in which the flat to be located, on receipt of requisite approvals including sanction plan, environment clearances etc. The grievance of the complainant is that the construction of the flat booked by him is far from complete and when he visited the site he found not a single worker employed at the site and was informed that the builder has stopped the construction work. Being aggrieved from failure of the opposite party to deliver upon its promise the complainant is before this commission seeking the following reliefs:

(2.) The complaint has been resisted by the opposite party on several grounds. Primarily, these are the same grounds on which the opposite party had relied in a number of complaints filed against it including C.C. No.232 of 2014, Shri Puneet Malhotra vs. M/s. Parsvnath Developers Ltd. and connected matters decided on 29.01.2014. Two of the complainants in those matters had booked residential flats in this very project namely "Parsvnath Privilege" in Greater Noida. One of them was allotted a flat on 23.02.2007 followed by Buyers Agreement dated 22.09.2008, whereas the other one executed a Flat Buyers Agreement dated 28.05.2007. Since the developer failed to deliver possession of the flats to them, they approached this Commission seeking refund of the amount paid by them along with interest and compensation etc. The aforesaid judgment, to the extent it is relevant for the purpose of deciding this complaint, reads as under:

(3.) Since, all the plea taken by the opposite party have already been rejected by this Commission in Puneet Malhotra and the complainants had made booking in the same project in which two of the complainants i.e. complainants in C.C. No.233 of 2014 and C. C. No.293 of 2014 had booked the residential flat, he is entitled to identical reliefs, on the principle of parity.